THE NATIONAL SERVICE ACT, 1972 

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ARRANGEMENT OF SECTIONS 

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CHAPTER I 

PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 
2. Definitions. 

CHAPTER II 

LIABILITY OF PERSONS TO RENDER NATIONAL SERVICE 

3. Liability of persons to be called up for national service. 
4. Voluntary service in lieu of national service. 
5. Liability to complete interrupted service. 
6. Power of Central Government to direct a person to render service with the Armed Forces of Union 

or other national service. 

7. Discipline. 
8. Power of Central Government to require any employer to release qualified persons. 
9. Transfer. 
10.  Persons  not  to  leave  national  service  or  be  discharged  therefrom  unless  permitted  by  Central 

Government. 

CHAPTER III 

REGISTRATION AND ENLISTMENT FOR NATIONAL SERVICE 

11. Persons required to register. 
12. Registration. 
13. Notice of likelihood of calling up for national service. 
14. Enlistment for national service. 
15. Salary, wages, etc., and travelling allowances to be paid to persons enlisted for national service. 
16. Training. 
17. Discharge. 

CHAPTER IV 

POSTPONEMENT OF NATIONAL SERVICE 

18. National Service (Hardship) Committee. 
19. Application for postponement on grounds of hardship. 
20. Appeal from decision of the National Service (Hardship) Committee. 
21. Revocation of postponement certificate. 
22. Suspension of right to postponement of liability to be called up for national service. 

CHAPTER V 

REINSTATEMENT OF QUALIFIED PERSONS CALLED UP FOR NATIONAL SERVICE 

23. Reinstatement. 
24. Preservation of certain rights of qualified persons required to render national service. 

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CHAPTER VI 

OTHER OFFENCES AND PENALTIES 

SECTIONS 

25. False statement and forgery. 
26. General provision as to offences. 
27. Offences by companies. 

CHAPTER VII 

MISCELLANEOUS 

28. Information to be furnished by Universities, etc. 
29. Information to be furnished by District Magistrate. 
30. Priority of debts. 
31. Summary trial of offences. 
32. Jurisdiction to try offences. 
33. Protection of action taken in good faith. 
34. Removal of difficulties. 
35. Powers to delegate. 
36. Power to make rules. 
37. Power to make regulations. 
38. Rules and regulations to be laid before Parliament. 

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THE NATIONAL SERVICE ACT, 1972 
ACT NO. 28 OF 1972 

An  Act  to  provide  for  the  registration  of  qualified  persons  and  for  the  rendering  of  national 

service by such persons and for matters connected therewith. 

BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:— 

[9th June, 1972.] 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  National  Service          

Act, 1972. 

(2) It extends to the whole of India. 

(3) It shall come into force on such date as the Central Government may, by notification, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “employer” means any person who employs any qualified person for doing any work in any 
establishment and includes any person entrusted with the supervision and control of qualified persons 
in such establishment. 

(b) “establishment” means— 

(i) any office, or 

(ii)  any  place  where  any  industry,  trade,  business  or  occupation  is  carried  on,  and  includes 

any technical institution or training centre; 

(c) “national service” means any service which is likely to assist the defence of  India and civil 
defence or the efficient conduct of military operations and includes such social service as the Central 
Government may, if it is of opinion that it is necessary for public purposes so to do, by notification 
specify in this behalf; 

(d) “notification” means a notification published in the Official Gazette; 

(e) “prescribed” means prescribed by rules made under this Act; 

(f) “qualified person” means a citizen of India who is ordinarily resident in India and who,— 

(i) has obtained a recognised medical qualification within the meaning of the Indian Medical 

Council Act, 1956 (102 of 1956), or 

(ii)  has  obtained,  or  has  passed  an  examination  which  entitles  him  to  obtain,  a  degree  of  a 

University or its equivalent qualification in any branch of engineering or technology or both. 

Explanation.—For the purposes of this Act, a qualified person who is resident in India shall be 

deemed to be ordinarily resident there unless— 

(a) he is residing there only for the purposes of attending a course of education; or 

(b) the circumstances of his residence there are otherwise such as to show that he is residing 

there for a temporary purpose only; or 

(c)  he,  being  a  person  who  was  born  or  domiciled  in  any  country  outside  India,  has  been 

resident in India for less than two years. 

CHAPTER II 

LIABILITY OF PERSONS TO RENDER NATIONAL SERVICE 

3. Liability of persons to be called up for national service.—(1) Every person who— 

(a) is a qualified person at the commencement of this Act, or 

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(b) becomes a qualified person after such commencement, 

shall, if he has not attained the age of thirty years at such commencement, or, as the case may be, on the 
date on which he becomes a qualified person, be liable until he attains the age of thirty years, to be called 
up for national service for a period of not more than four years. 

(2) The period of national service for which a qualified person shall be liable to be called up under 
this Act shall begin from the date on which he is required by an enlistment notice served under this Act to 
present  himself  to  the  authority  specified  therein  and  shall  end  on  the  day  when  his  term  of  national 
service is completed in accordance with the provisions of this Act. 

4. Voluntary service in lieu of national service.—(1) If a qualified person has been enlisted under 
any other law for the time being in force, for service in one of the Armed Forces of the Union for a period 
of not less than four years, he shall perform the service required of the members of that Force in lieu of 
the national service required under this Act. 

(2) If a qualified person has rendered or is rendering service, other than service in one of the Armed 
Forces of the Union and such service is declared by the Central Government to be equivalent to national 
service, the period of such service shall be deemed to be service in lieu of the national service required 
under this Act and he shall (unless he has ceased to be liable under this Act to be called up for national 
service),  be  liable  to  be  called  up  for  national  service  for  such  term  as  will,  together  with  the  service 
completed by him, be equivalent to the term of service for which persons are liable to serve under this 
Act. 

(3) If any qualified person has been enlisted as a member of— 

(a) the Indian Reserve Forces, regulated under the Indian Reserve Forces Act, 1888 (4 of 1888), 

(b) the Territorial Army constituted under the Territorial Army Act, 1948 (56 of 1948), 

(c) the Air Force Reserve or the Auxiliary Air Force Reserve constituted under the Reserve and 

Auxiliary Air Forces Act, 1952 ( 62 of 1952), 

(d) 

the 

Indian  Naval  Reserve  Forces 

raised  and  maintained  under 

the  Navy                                            

Act, 1957 (62 of 1957), or 

(e) any other Force of the foregoing nature,  

he shall not be called up, so long as he continues to be a member of that Force, to render national service 
under this Act: 

Provided that he shall, after he has ceased to be a member of such Force, be liable to render national 
service (unless he has ceased to be liable under this Act to be called up for national service), for such term 
as will, together with the actual service rendered by him as a member of that Force, be equivalent to the 
term of service for which persons are liable to serve under this Act. 

5. Liability to complete interrupted service.—If any qualified person serving in the Armed Forces 
of the Union ceases to serve therein before he has completed four years of such service, he shall, unless 
he has ceased to be liable under this Act to be called up for national service, be liable to be called up to 
serve  for  such  term  as  will,  together  with  the  service  completed  by  him,  be  equivalent  to  the  term  of 
service for which persons are liable to serve under this Act. 

6. Power of Central Government to direct a person to render service with the Armed Forces of 
Union or other national service.—Subject to the provisions of section 3, the Central Government may, 
by  order,  require  a  qualified  person  to  render  service  in  the  Armed  Forces  of  the  Union  or  such  other 
national service, as it may specify in this behalf, for such period and at such place as may be specified in 
the order. 

7. Discipline.—(1) Every qualified person enlisted under this Act for national service in the Armed 
Forces  of  the  Union  shall,  subject  to  such  conditions  as  may  be  prescribed,  be  bound  to  serve  in  any 
branch of the Armed Forces to which he is for the time being attached, and shall be subject to all laws, 
rules, regulations and orders in force for the time being in relation to such branch. 

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(2) Every qualified person enlisted for any national service, other than service in the Armed Forces of 
the Union shall, subject to such conditions as may be prescribed, be bound to serve in any position or post 
to which he is appointed for the time being, and shall be subject to all laws, rules, regulations and orders 
in force for the time being in relation to such position or post. 

8. Power of Central Government to require any employer to release qualified persons.—(1) The 
Central Government may, by order in writing, require any employer to release any qualified person for 
employment in national service within such time as may be specified in the order. 

(2) Where an employer releases a qualified person for employment in national service, such employer 
shall not be liable to pay the salary, wages and other emoluments, if any, of the qualified person for the 
period during which national service is or has been rendered by the qualified person. 

(3) No contract, subsisting between a qualified person and his employer on the date of release of the 
qualified person for employment in national service, shall be enforceable until such qualified person has 
been discharged from national service. 

(4) In computing the period specified in any contract of service in relation to a qualified person who 
has been called upon to render national service, the period of national service actually rendered by such 
qualified person shall be excluded. 

(5)  If  any  employer  fails  without  sufficient  cause  to  comply  with  the  order  made  under                                   

sub-section (1), he shall be liable to be punished with imprisonment for a term which may extend to three 
years and also with fine which may extend to one thousand rupees. 

9.  Transfer.—The  Central  Government  may,  by  regulations,  make  provisions  for  enabling  or 
requiring a qualified person rendering national service in any branch of the Armed Forces of the Union to 
be transferred to any other branch of that Force or to any other branch of national service or vice versa. 

10.  Persons  not  to  leave  national  service  or  be  discharged  therefrom  unless  permitted  by 
Central  Government.—(1)  No  qualified  person  rendering  national  service  under  this  Act  shall  leave 
such service until he is discharged therefrom under section 17. 

(2) No qualified person who has been served with a notice under sub-section (1) of section 13 or an 
enlistment notice under section 14 shall, if he is in any employment at the date of service of such notice, 
leave such employment or be discharged therefrom, except in accordance with the provisions of this Act: 

Provided that nothing in this sub-section shall apply where the employment of a qualified person is 
terminated for the reason that the said person has been guilty of gross insubordination, habitual absence 
from work, or serious misconduct or has been convicted of an offence. 

(3) If a qualified person who has been served with a notice under sub-section (1) of section 13 or an 
enlistment notice under section 14 leaves any employment in which he is engaged at the date of service of 
such notice or is discharged therefrom otherwise than in accordance with the provisions of this Act, he or, 
as the case may be, the person by whom he is discharged, shall be punished with imprisonment for a term 
which may extend to five years and also with fine which may extend to two thousand rupees. 

CHAPTER III 
REGISTRATION AND ENLISTMENT FOR NATIONAL SERVICE 

11.  Persons  required  to  register.—(1)  Every  qualified  person  shall,  if  he  is  liable,  at  the 
commencement of this Act, to be called up for national service, make an application, within ninety days 
from such commencement, to be registered under this Act. 

(2) Every qualified person who becomes liable after the commencement of this Act, to be called up 
for  national  service,  shall,  within  thirty  days  from  the  date  on  which  he  becomes  so  liable,  make  an 
application to be registered under this Act. 

12. Registration.—(1) The Central Government shall, by general order, direct qualified persons who 

are required to be registered under this Act,— 

(a) to furnish at such place and time, in such manner and to such authority or person as may be 

specified therein, such particulars about themselves as the order may require; and 

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(b) to make at such place, in such manner and to such authority or person as may be specified in 

the order, an application to be registered under this Act. 

(2)  The  order  made  under  sub-section  (1)  may  make  different  provisions  in  relation  to  different 
classes of qualified persons subject to registration and may provide for exempting from any requirements 
of the order of any class of qualified persons with respect to whom the Central Government is satisfied 
that particulars sufficient for the purposes of this Act can be ascertained otherwise than by virtue of those 
requirements. 

(3)  If  any  qualified  person  fails  to  comply  with  any  requirement  of  the  order  made  under                            

sub-section (1), he shall be liable to be punished with imprisonment for a term which may extend to three 
years, or with fine which may extend to one thousand rupees, or with both. 

(4) The Central Government shall ensure— 

(a) that upon an application duly made for registration under this Act, the name and address of 
the applicant together with the particulars of the matters with respect to which information was given 
by the applicant in pursuance of the order made under sub-section (1) are entered in a register kept for 
the purposes of this Act, to be known as the “National Service Register”; and 

(b) that upon the applicant being registered, a certificate of registration is issued to the applicant 

in the prescribed form. 

(5) The information contained in the National Service Register shall not be used for any purpose other 

than the purposes of this Act: 

Provided that nothing in this sub-section shall preclude the Central Government from disclosing, for 

statistical purposes, any information contained in the National Service Register. 

(6) The Central Government may cause registration to be made of, and a certificate of registration to 
be issued to, any qualified person of a class exempted from any of the requirements of sub-section (1) as 
if that person had duly applied to be registered under this Act. 

(7)  (a)  If  any  qualified  person  subject  to  registration  under  this  Act  communicates  to  the  Central 
Government in the prescribed manner, that he has a preference for the Army, Air Force or Naval Service, 
that fact shall be recorded in the National Service Register. 

(b) If a qualified person belonging to a class which is exempted from registration under this Act has a 
preference  for  the  Army,  Air  Force  or  Naval  Service,  he  shall  intimate  such  preference  to  the  Central 
Government  in  such  manner  as  that  Government  may  specify  and,  on  receipt  of  such  intimation,  the 
Central Government shall cause such preference to be recorded in the National Service Register. 

(8) (a) If any change occurs in the name or address of any qualified person while such person remains 
registered  under  this  Act,  or  if  any  such  person  acquires  any  additional  academic  or  professional 
qualification or distinction, he shall forthwith communicate the change of his name or address, or, as the 
case may be, the acquisition by him of additional academic or professional qualification or distinction to 
the Central Government in the prescribed manner and at the same time return to the Central Government, 
for correction, any certificate of registration held by him and if he fails to communicate the change of his 
name or address, or, as the case may be, the acquisition by him of the additional academic or professional 
qualification or distinction, he shall be liable to be punished with fine which may extend to five hundred 
rupees. 

(b) Upon the receipt of a communication of the change of name or address of any qualified person 
registered under this Act or of acquisition by him of additional academic or professional qualification or 
distinction, the Central Government shall cause the necessary corrections to be made in the entries in the 
National Service Register and shall either cause the certificate to be corrected and returned to such person 
or cause a fresh certificate to be issued to him. 

(9) The Central Government may, by rules made under this Act, provide for the issue, in specified 
circumstances, of fresh certificates of registration in place of certificates which have been lost, destroyed 
or defaced. 

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13. Notice of likelihood of calling up for national service.—(1) The Central Government may from 
time to time cause to be served on any qualified person subject to registration under this Act, and, if he is 
engaged  in  any  employment,  also  on  his  employer,  a  written  notice  in  the  prescribed  form  stating  that 
such person is likely to be called upon, at any time within a period of twelve months next following, to 
render national service. 

(2) Omission to serve any notice referred to in sub-section (1) on an employer or the service of such 
notice on a person who is not, at the time of service of such notice, the employer of the qualified person 
concerned, shall not invalidate the notice served under sub- section (1) on the qualified person and shall 
not affect the liability of the qualified person to be called up for national service. 

(3) The  Central  Government  may  cause  to  be  served,  on  any  qualified  person served  with a  notice 
referred to in sub-section (1), a written notice requiring that person to submit himself to an examination, 
by such authority, at such place and at such time, as may be specified in the notice, of his physical and 
mental fitness for being called up for national service. 

(4) The  Central  Government  may  make  regulations for  the  examination  of  the physical  and  mental 
fitness of persons subject to registration under this Act and such regulations may, in particular, enable the 
medical and other authority— 

(a) in a case where he is unable to complete the examination on one occasion, to direct the person 

examined to submit himself for a further examination on a specified time and place; 

(b) to direct the person examined to submit himself for examination by a specialist. 

(5) The Central Government may by regulations determine the categories in which persons examined 

under this section are to be placed with reference to their physical and mental condition. 

(6)  If  any  qualified  person  fails  to  comply  with  the  requirements  of  a  notice  served  on  him  under            

sub-section (3) or any regulations made or directions given under sub-section (4), he shall be liable to be 
punished with imprisonment for a term which may extend to three years, or with fine which may extend 
to one thousand rupees, or with both. 

(7) The court by which a qualified person is convicted of an offence under this section may, without 
prejudice to any penalty which may be imposed on him, order him to submit himself to an examination of 
his physical and mental fitness, further examination or examination by a specialist, as the case may be, at 
such place and at such time as may be fixed by the court and any such order may provide that such person 
shall be detained in custody until that time and shall be taken by a police officer to that place and at that 
time: 

Provided  that  no  person  shall  be  detained  in  custody  by  virtue  of  any  such  order  for  more  than 

twenty-four hours. 

(8) A qualified person who, having been ordered by a court under sub-section (7) to submit himself to 
an  examination  of  his  physical  and  mental  fitness  and  to  be  detained  in  custody,  is  taken  by  a  police 
officer  to  the  place  and  at  the  time  at  which  he  is  to  be  examined,  does  not  submit  himself  to  an 
examination of his physical and mental fitness in accordance with the order, he may be arrested by that or 
any other police officer without a warrant. 

(9)  A  qualified  person,  who  fails  to  submit  himself  to  an  examination  of  his  physical  and  mental 
fitness  in  accordance  with  an  order  made  under  sub-section  (7),  shall  be  liable  to  be  punished  with 
imprisonment for a term which may extend to three years, and also with fine which may extend to one 
thousand rupees. 

(10) A notice served on any qualified person under this section shall cease to have effect if, before 
that date on which he is required to submit himself to an examination of his physical and mental fitness, 
he ceases to be subject to registration under this Act. 

(11) The Central Government may pay to the medical or other authority, specialist, or any qualified 
person undergoing examination of his physical and mental fitness under this section such travelling and 
other allowances, including compensation for loss of remunerative time, in accordance with such scales 
as may be prescribed. 

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14. Enlistment for national service.—(1) Subject to such priorities as may be prescribed, the Central 
Government may cause to be served on any qualified person for the time being liable under this Act to be 
called  up  for  national  service,  who  has  been  found,  after  an  examination  of  his  physical  and  mental 
condition,  fit  for  such  service,  a  written  notice  in  the  prescribed  form  (in  this  Act  referred  to  as  the 
“enlistment notice”) stating that he is called up for national service in such one of the Armed Forces of 
the  Union  or  in  such  other  service  as  may  be  specified  in  the  enlistment  notice  and  requiring  him  to 
present himself at such place and at such time and to such authority, as may be specified in the notice: 

Provided  that  an  enlistment  notice  under  this  section  shall  not  require  the  person  upon  whom  it  is 
served to present himself on a day earlier than the fourteenth day after the date of service of the notice or 
such earlier day as may be determined at his request. 

(2) An enlistment notice served on any qualified person shall cease to have effect if, before the day on 
which he is thereby required to present himself, he ceases to be liable to be called up for national service 
under this Act. 

(3) The Central Government may pay to persons required to present themselves in pursuance of an 
enlistment  notice  served  upon  them  travelling  and  other  allowances  in  accordance  with  such  scales  as 
may be prescribed. 

(4) If on the day specified in the enlistment notice as the day on which the person to whom the notice 

relates is required to present himself for national service— 

(a) a postponement certificate relating to him is in force, or 

(b) any appeal or application by him for postponement of national service is pending, 

the enlistment notice served on him shall be of no effect. 

(5) The enlistment notice shall be served in such manner as may be prescribed. 

15.  Salary,  wages,  etc.,  and  travelling  allowances  to  be  paid  to  persons  enlisted  for  national   

service.—(1)  Every  qualified  person  who  is  called  up  for  national  service  under  this  Act,  or  who  is 
transferred  from  one  form  of  national  service  to  another,  shall  be  paid  such  salary,  wages,  allowances, 
pension, disability and death compensations and other benefits as may be prescribed: 

Provided that such payments shall be on scales not less favourable than those admissible to persons of 

like qualifications, experience and length of service in similar positions under the Government. 

Explanation.—For the purposes of the foregoing proviso, the length of standing of a qualified person 

as an engineer or medical practitioner, as the case may be, shall be construed as the length of his service. 

(2)  Any  qualified  person  who  is  called  up  for  national  service  or  transferred  from  one  form  of 
national  service,  or  from  one  place  of  employment  in  the  national  service,  to  another,  shall  be  paid 
travelling  allowance  for  journey  to  his  place  of  employment  under  this  Act  at  such  rate  as  may  be 
prescribed. 

(3) A qualified person who, on the date of the service of the enlistment notice on him, is engaged in 
any employment, or a qualified person who is transferred from one form of national service, or from one 
place of employment in the national service, to another, shall be paid, for the period of his transit from the 
place of his former employment to the place of his employment under this Act, salary or wages (including 
allowances) at the rate fixed by the Central Government under sub-section (1). 

(4)  A  qualified  person  who  was  in  any  employment  on  the  date  on  which  he  was  called  up  for 
national  service  under  this  Act,  shall,  on  his  discharge  from  such  service,  be  paid  salary  or  wages 
(including allowances) for the period of his transit from the place of his employment under this Act to the 
place of his former employment at the rate fixed by the Central Government under sub-section (1). 

(5) A qualified person who is called up for national service under this Act shall, on the termination of 
his national service, be paid travelling expenses at such rate as may be prescribed, for journey to the place 
of  his  former  employment,  or,  if  he  was  unemployed  when  he  was  first  called  up  for  national  service 
under this Act, to the place of his residence. 

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16.  Training.—During  his  term  of  national  service  a  qualified  person  may  be  required  to  undergo 

training for such period as may be prescribed. 

17.  Discharge.—(1)  Every  qualified  person  enlisted  under  this  Act  shall  be  entitled  to  receive  his 
discharge from national service on the expiration of the period for which he was enlisted and such person 
may,  prior  to  the  expiration  of  that  period,  be  discharged  from  national  service  by  such  authority  and 
subject to such conditions as may be prescribed. 

(2) A person receiving discharge under this section shall be given a certificate in such form as may be 

prescribed certifying that he has been discharged from national service. 

(3) A person who has received discharge under this section shall not be required to render national 

service after such discharge: 

Provided that a person who has received discharge under this section before he has completed four 
years of national service, shall, unless he has ceased to be liable to be called up for national service under 
this Act, be liable to be called up for national service under this Act for such term as will, together with 
the period of national service rendered by him, be equivalent to four years. 

CHAPTER IV 

POSTPONEMENT OF NATIONAL SERVICE 

18.  National  Service  (Hardship)  Committee.—(1)  The  Central  Government  shall  constitute  a 
National Service (Hardship) Committee consisting of a Chairman and two other members appointed by it. 

(2)  The  Chairman  of  the  National  Service  (Hardship)  Committee  shall  be  a  person  who  is,  or  has 

been, or is qualified to be, a Judge of a High Court. 

(3) The members of the National Service (Hardship) Committee shall hold office for a period of three 

years but shall be eligible for reappointment. 

(4) The proceedings of the National Service (Hardship) Committee shall not be invalid by reason of 

any defect in the constitution of, or any vacancy in, such Committee. 

(5)  Any  vacancy  in  the  National  Service  (Hardship)  Committee  shall  be  filled  by  the  Central 

Government in such manner as it may think fit. 

(6)  The  Central  Government  may  constitute  Regional  National  Service  (Hardship)  Committees  for 
such  regions  as  it  may  think  fit  and  on  such  constitution  such  Regional  National  Service  (Hardship) 
Committees  shall  have  all  the  powers,  functions  and  privileges  of  the  National  Service  (Hardship) 
Committee and shall be subject to the same provisions as are applicable to that Committee. 

(7) The National Service (Hardship) Committee shall have power to regulate its own procedure with 
regard to any investigation under this Act and shall have for the purposes of such investigation the powers 
of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the 
following matters, namely:— 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) requiring the discovery and production of documents producible as evidence; 

(c) receiving evidence on oath; 

(d) issuing commissions for the examination of witnesses or documents; 

(e) such other matters as may be prescribed. 

19. Application for postponement on grounds of hardship.—(1) Any qualified person who is for 
the time being liable to be called up for national service under this Act and who has been served with a 
notice referred to in sub-section (1) of section 13, or any employer of such qualified person, may apply, in 
the prescribed manner to the Central Government for a certificate of postponement of liability to be called 
up for national service on the ground that exceptional hardship would ensue if such qualified person were 
called up for national service, and may, on that ground apply, in the prescribed manner, for the renewal of 
the postponement certificate granted to him. 

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(2) Where an application for a postponement certificate or for the renewal thereof is made, the Central 

Government shall refer the application for decision to the National Service (Hardship) Committee. 

(3)  No  application  for  the  grant  of  a  postponement  certificate  shall  be  referred  by  the  Central 
Government to the National Service (Hardship) Committee unless such application is made within sixty 
days from the date of service of the notice referred to in sub-section (1) of section 13: 

Provided  that  the  Central  Government  may  refer  an  application  for  the  grant  of  a  postponement 
certificate to the National Service (Hardship) Committee made after the expiry of the said period if it is 
satisfied, having regard to the grounds on which the application is made, that the making thereof has not 
been unreasonably delayed. 

(4)  The  Central  Government  may  by  regulations  specify  the  principles  to  be  applied  and  the 
circumstances to which regard is to be or not to be had for the hearing of an application for the grant or 
renewal of a postponement certificate and as to the period for which the postponement certificate may be 
granted or renewed. 

(5)  The  National  Service  (Hardship)  Committee  may,  after  consideration  of  the  application  for  a 

postponement certificate or renewal thereof, grant or reject the same. 

(6)  The  period  within  which  the  postponement  certificate  is  in  force  shall  be  added  to  the  period 
during which the person to whom the certificate was granted is liable under  this Act to be called up for 
national  service  and  accordingly  this  Act  shall  in  relation  to  that  person  have  effect  as  if  for  reference 
therein  to  the  age  of  thirty  years,  there  were  substituted,  an  age  being  the  sum  of  thirty  years  and  the 
period during which— 

(i) the postponement certificate is in force, and 

(ii)  the  enlistment  notice  was  of  no  effect  by  reason  of  the  provisions  of  clause  (b)  of                                

sub-section (4) of section 14. 

(7) If any qualified person or an employer makes an application for a postponement certificate on a 
ground which he knows to be false or does not believe to be true or on a ground which, in the opinion of 
the  National  Service  (Hardship)  Committee,  is  frivolous,  he  shall  be  liable  to  be  punished  with 
imprisonment for a term which may extend to one year, or with fine which may extend to one thousand 
rupees, or with both. 

20.  Appeal  from  decision  of  the  National  Service  (Hardship)  Committee.—(1)  Subject  to  the 
provisions of sub-section (2), an appeal shall lie against the decision of the National Service (Hardship) 
Committee to the High Court exercising jurisdiction in relation to the territory in which the applicant for 
the postponement certificate voluntarily resides, carries on business or personally works for gain. 

(2) No appeal referred to in sub-section (1) shall lie unless— 

(i)  it  is  preferred  within  thirty  days  from  the  date  of  the  decision  of  the  National  Service 

(Hardship) Committee, and 

(ii)  the  National  Service  (Hardship)  Committee  certifies  that  the  case  involves  a  substantial 

question of law. 

(3) Where the National Service (Hardship) Committee has refused to give a certificate referred to in 
sub-section (2), the High Court may, if it is satisfied that the case involves a substantial question of law, 
grant special leave to appeal against the decision of the National Service (Hardship) Committee. 

(4)  The  High  Court  may,  after  hearing  the  appeal,  confirm,  modify  or  reverse  the  decision  of  the 

National Service (Hardship) Committee. 

21. Revocation of postponement certificate.—(1) If, at any time, while a postponement certificate is 
in force, it appears to the Central Government that, by reason of any change in the circumstances of the 
qualified  person  to  whom  the  certificate  was  granted  or  of  his  employer,  where  such  certificate  was 
granted on the application of such employer, the certificate ought to be revoked or the period for which it 
was  granted or last  renewed  ought to  be  shortened, the  Central  Government  may  apply  to  the  National 
Service  (Hardship)  Committee,  and  that  Committee  may  either  reject  the  application  or  cancel  the 
certificate or vary it by shortening the period. 

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(2)  Where  an  application  is  made  under  sub-section  (1),  the  person  to  whom  the  postponement 
certificate  in  question  was  granted,  and  where  such  certificate  was  granted  on  the  application  of  an 
employer, such employer, shall be entitled to be heard on the application and the provisions as to appeals 
contained in section 20 shall apply in relation to the application as if it were an application for the grant of 
a postponement certificate. 

22. Suspension of right to postponement of liability to be called up for national service.—(1) The 
Central Government may, if it is satisfied at any time that by reason of the gravity of the  situation it is 
necessary so to do, by order— 

(a)  cancel,  either  generally  or  in  relation  to  a  specified  class  of  qualified  persons,  all 

postponement certificates in force at the date of the order, and 

(b) abrogate, either generally or in relation to a specified class of qualified persons, any right to 
apply for the grant of a postponement certificate and any right to appeal from the refusal to grant such 
a  certificate,  and  may,  by  order,  vary  or  revoke  any  order  in  force  under  this  section,  without 
prejudice however to the previous effect of that order. 

(2) Where, on the day on which an order comes into force under this section abrogating any right to 
appeal from the refusal to grant a postponement certificate, an appeal preferred by a person to whom the 
order applies or the time for preferring such appeal by such person has not expired, the appeal shall be 
deemed to be dismissed or the time shall be deemed to expire on the expiry of that day. 

CHAPTER V 
REINSTATEMENT OF QUALIFIED PERSONS CALLED UP FOR NATIONAL SERVICE 

23. Reinstatement.—(1) In this section,— 

(a)  “former  employee”  means  a  qualified  person  who  was  released  by  an  employer  for 

employment in national service; 

(b)  “former  employer”  means  the  employer  by  whom  a  former  employee  was  employed  in  an 

establishment immediately before the enlistment of such employee for national service; 

(c) “former employment” means the employment in which the former employee was employed 

immediately before his enlistment for national service. 

(2)  (a)  A  former  employee  may,  on  the  termination  of  his  national  service,  make  an  application  in 
such manner and within such period as may be prescribed to his former employer for reinstatement in his 
former employment. 

(b)  On  receipt  of  an  application  referred  to  in  clause  (a),  the  former  employer  shall  be  under  an 
obligation  (unless  the  employment  of  the  former  employee  in  the  national  service  was  terminated  by 
dismissal for misconduct) to reinstate such employee before the expiry of a period of fifteen days from 
the date of receipt of such application. 

(3) (a) If, on receipt of an application referred to in sub-section (2), the former employer refuses to 
reinstate the applicant on the ground that his circumstances have so changed as to make it impossible or 
unreasonable for him to do so, or denies his liability to reinstate such former employee, or represents that 
the reinstatement by him of the former employee is impracticable, he shall, before the expiry of a period 
of fifteen days from the date of receipt of such application, make an application to the National Service 
(Hardship) Committee for relieving him from the obligation referred to in sub-section (2). 

(b) A former employee, who is not reinstated in his former employment within fifteen days from the 
date of delivery of the application made under sub-section (2), may, within a further period of fifteen days 
(computed  from  the  date  on  which  the  first-mentioned  period  of  fifteen  days  expires),  represent  to  the 
National  Service  (Hardship)  Committee  that  his  former  employer  has  not  discharged  the  obligation 
imposed on him by sub-section (2). 

(c) On receipt of the application referred to in clause (a) or the representation referred to in clause (b), 
the National Service (Hardship) Committee shall, after considering all matters placed before it and after 
making such inquiry in the matter as it may think fit, make an order— 

(i) relieving the former employer from the obligation referred to in sub-section (2), or 

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(ii) requiring the former employer to reinstate the former employee in his former employment, or 

(iii) requiring the former employer to pay to the former employee by  way of compensation, for 
failure or inability to reinstate him, a sum not exceeding an amount equal to six months’ remuneration 
at the rate at which remuneration was last payable by the former employer to the former employee. 

(d) Where the National Service (Hardship) Committee has directed the reinstatement of any person in 
his former  employment,  the  former  employer  shall  be  under an  obligation to  pay  to  such person salary 
and  allowances  at  the  rates  specified  by  the  National  Service  (Hardship)  Committee  from  the  date  of 
receipt of the application referred to in sub-section (2). 

(4) (a) A former employer, who has refused to reinstate his former employee on any of the grounds 
specified  in  sub-section  (3)  and  who  has  omitted  or  failed,  without  any  reasonable  excuse,  to  make  an 
application  to  the  National  Service  (Hardship)  Committee  within  the  time  specified  in  sub-section  (3), 
shall  be  punished,  without  any  prejudice  to  the  provisions  of  clause  (b)  of  this  sub-section,  with 
imprisonment for a term which may extend to one month, or with fine which may extend to five thousand 
rupees, or with both. 

(b)  If  any  former  employer  fails  to  obey  any  order  made  by  the  National  Service  (Hardship) 
Committee under sub-section (3), he shall be punished with imprisonment for a term which may extend to 
one month, or with fine which may extend to five thousand rupees, or with both, and the court by which 
such former employer is convicted under this sub-section shall order him to pay to the person whom he 
has failed to re-employ, a sum not exceeding an amount equal to six months’ remuneration at the rate at 
which his last remuneration was payable to him by the former employer and any amount so required to be 
paid shall be recoverable as if it were a fine imposed by such court. 

(5) Where in pursuance of the provisions of sub-section (2) a former employer reinstates his former 
employee and thereafter terminates the employment of such former employee at any time within a period 
of six months from the date of such reinstatement, the former employer shall, notwithstanding anything to 
the contrary contained in the conditions of employment of the former employee, be liable to pay to the 
former  employee,  at  the  time  of  terminating  his  employment  as  aforesaid,  a  sum  equal  to  the 
remuneration  which  the  former  employee  would  have  earned  under  the  terms  and  conditions  of  his                  
re-employment for the unexpired portion of the said period of six months: 

Provided  that  a  former  employer  shall  not  be  liable  to  make  such  payment  as  aforesaid  where  the 
employment of the former employee is terminated for the reason that the former employee has been guilty 
of gross insubordination, habitual absence from work or any serious misconduct or has been convicted of 
any offence: 

Provided further that a former employee whose employment is terminated within the said period for 
any such reason as aforesaid may refer the matter to the National Service (Hardship) Committee and that 
Committee shall, after due consideration, decide whether or not the employer is liable as aforesaid under 
this sub-section; and any such decision shall be final and binding on the parties. 

Explanation.—Any sum required to be paid under this sub-section shall be in addition to the amount, 
if any, which the employer may, under the conditions of employment be liable to pay in respect of the 
termination of the employment of the former employee without notice. 

(6) No change in the name, constitution or character of the former employer shall affect the right of 

reinstatement of a former employee who has been released from employment in national service. 

(7) (a) The occupation in which and the terms and conditions under which a qualified person may be 
reinstated after completion of national service shall not be less favourable to him than those which would 
have been applicable to him had his employment not been interrupted by reason of his being called up for 
national service. 

(b) In determining the terms and conditions of reinstatement of the former employee, regard shall be 
had to the additional skill and experience acquired by such employee in the course of his employment in 
the national service. 

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24.  Preservation  of  certain  rights  of  qualified  persons  required  to  render  national  service.—
While any qualified person, required to render national service under this Act, has any rights under any 
provident  fund  or  other  scheme  for  the  benefit  of  employees  maintained  in  connection  with  the 
employment he relinquishes, he shall continue, so long as he is engaged in national service and if  he is 
reinstated,  until  such  reinstatement  under the provisions  of this  Act,  to  have  in respect  of  such  fund  or 
scheme such rights as may be prescribed. 

CHAPTER VI 

OTHER OFFENCES AND PENALTIES 

25. False statement and forgery.—(1) If any qualified person— 

(a)  on  whom  an  enlistment  notice  has  been  served  under  this  Act  in  respect  of  whom  no 
postponement certificate is in force or no application or appeal for postponement of national service 
is pending, fails or omits to render the service which he is required by such notice to render, or 

(b)  having  commenced  to  render  national  service,  leaves  that  service  without  obtaining  a 

discharge under section 17, 

he  shall  be  punished  with  imprisonment  for  a  term  which  may  extend  to  five  years  and  also  with  fine 
which may extend to two thousand rupees. 

(2) Any person who— 

(a)  in  giving  any  information  for  the  purposes  of  this  Act,  knowingly  or  recklessly  makes  a 

statement which is false in material particulars or which he does not believe to be true, or 

(b) (i) with the intention of deceiving, forges or uses or lends or allows to be used for any person 

any certificate issued under this Act, or 

(ii) makes, or has in his possession, any document so closely resembling any certificate so issued 

as to be calculated to deceive, 

shall be punished with imprisonment for a term not exceeding three years, or with fine not exceeding one 
thousand rupees, or with both. 

26. General provision as to offences.—Any qualified person who contravenes any provision of this 
Act for the contravention of which no penalty is separately specified in this Act, shall be punished with 
fine which may extend to five hundred rupees: 

Provided that in any proceedings for an offence punishable under this section, it shall be a defence for 
the  accused  to  prove  that  he  was  prevented  from  complying  with  the  provisions  of  this  Act  by 
circumstances beyond his control. 

27. Offences by companies.—(1) Where any provision of this Act or of any order made thereunder is 
contravened by a company, every person who at the time the contravention was made was in charge of, 
and  was  responsible  to,  the  company  for  the  conduct  of  the  business  of  the  company  as  well  as  the 
company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against 
and punished accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment, if he proves that the offence was committed without his knowledge or that he had exercised 
all due diligence to prevent the commission of such offence. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  where  any  such  offence  has  been 
committed  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or  connivance,  or  is 
attributable  to,  any  neglect  on  the  part  of,  any  director,  manager,  secretary  or  other  officer  of  the 
company, such director, manager, secretary or other officer shall be deemed to be guilty  of that offence 
and shall be liable to be proceeded against and punished accordingly. 

Explanation.—For the purposes of this section— 

(a)  “company”  means  any  body  corporate  and  includes  a  firm  or  other  association  of                

individuals; and 

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(b) “director”, in relation to a firm, means a partner in the firm. 

CHAPTER VII 

MISCELLANEOUS 

28. Information to be furnished by Universities, etc.—It shall be the duty of every University or 
other persons having the management of any University, school or other educational institution, to give to 
the  Central  Government,  at  its  request,  such  information  in their  possession,  or reasonably  available  to 
them,  about  persons  receiving,  or  who  have  received  education  in  engineering,  technology,  medical 
sciences or surgery as the Central Government may, by notification, specify in this behalf. 

29.  Information  to  be  furnished  by  District  Magistrate.—It  shall  be  the  duty  of  every  District 
Magistrate  to  give  to  the  State  Government  such  information  in  his  possession  about  qualified  persons 
within  the  local  limits  of  his  jurisdiction  as  may  be  prescribed,  and  it  shall  be  the  duty  of  every  State 
Government to give to the Central Government all information in its possession about qualified persons in 
the State. 

30.  Priority  of  debts.—Notwithstanding  anything  contained 

in 

the  Presidency  Towns                   

Insolvency Act, 1909 (3 of 1909), the Provincial Insolvency Act, 1920 (5 of 1920), the Companies Act, 
1956 (1 of 1956), or the Partnership Act, 1932 (9 of 1932), any compensation payable under this Act shall 
have priority over all other unsecured debts. 

31.  Summary  trial  of  offences.—Notwithstanding  anything  contained  in  the  Code  of  Criminal 

Procedure, 1898 (5 of 1898), every offence punishable under this Act shall be tried summarily. 

32.  Jurisdiction  to  try  offences.—No  court  inferior  to  that  of  a  Presidency  Magistrate  or  a 

Magistrate of the first class shall try any offence punishable under this Act. 

33.  Protection  of  action  taken  in  good  faith.—(1)  No  suit,  prosecution  or  other  legal  proceeding 
shall lie against any person for anything which is in good faith done or intended to be done in pursuance 
of this Act or any rules, regulations or orders made thereunder. 

(2) No suit or other legal proceeding shall lie against the Central Government for any damage caused 
or likely to be caused for anything which is in good faith done or intended to be done in pursuance of this 
Act or any rules, regulations or orders made thereunder. 

34. Removal of difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, 
the  Central  Government  may  make  such  order,  not  inconsistent  with the  provisions  of  this  Act as  may 
appear to it to be necessary for the purpose or removing the difficulty: 

Provided that no order shall be made under this sub-section after the expiry of a period of two years 

from the commencement of this Act. 

(2) Every order made under sub-section (1) shall be laid before both Houses of Parliament as soon as 
may be after it is made and the provisions of section 38 shall apply to such order as if it were a rule made 
under this Act. 

35. Powers to delegate.—The Central Government may, by notification, direct that all or any of the 
powers  which  may  be  exercised  by  it  under  this  Act  shall,  in  such  circumstances  and  under  such 
conditions, if any, as may be specified in the notification, be exercised also by any State Government or 
any other authority owned or controlled by the Central Government. 

36.  Power  to  make  rules.—(1)  The  Central  Government  may,  by  notification,  make  rules  for 

carrying out the purposes of this Act. 

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the principles governing the calling up of persons for national service; 

(b) the form and contents of the National Service Register; 

(c) the form in which the certificate of registration is to be issued; 

14 

(d) the manner of notification of preference for any branch of the Armed Forces of the Union; 

(e)  the  manner  of  notification  of  change  of  name  or  address  of,  or  acquisition  of  academic  or 

professional qualification or distinctions by, a qualified person registered under this Act; 

(f) the circumstances under which fresh certificates of registration in place of certificates which 

have been lost, destroyed or defaced may be issued; 

(g) the form and contents of the notice for examination of physical and mental fitness; 

(h) the scale in accordance with which travelling and other allowances may be paid to medical or 
other authority or specialist or to any qualified person undergoing any examination of physical and 
mental fitness and the scale according to which compensation may be paid for loss of remunerative 
time; 

(i) the priorities in accordance with which qualified persons may be enlisted for national service; 

(j) the form and contents of the enlistment notice and the manner of service thereof; 

(k)  the  scales  of  salary,  wages,  allowances,  pensions,  disability  and  death  compensations  and 

other financial benefits admissible to those performing national service; 

(l) the scales of travelling allowances required to be paid under this Act; 

(m) the authority by which and conditions subject to which prior discharge from national service 

may be made; 

(n) the form of discharge certificate; 

(o)  the  manner  of  application  for  a  certificate  of  postponement  of  liability  to  be  called  up  for 
national service or for renewal thereof and the time within which such application for renewal should 
be made; 

(p) the conditions of reinstatement of persons released from employment in the national service 

and matters connected therewith; 

(q)  further  inquiry  which  may  be  made  by  the  National  Service  (Hardship)  Committee  where 
reinstatement  of  qualified  persons  released  from  employment  in  the  national  service  is  refused  or 
denied or where such reinstatement is represented to be impracticable; 

(r)  the  preservation  of  rights  of  provident  fund,  etc.,  of  qualified  persons  rendering  national 

service; 

(s) the information relating to qualified persons which every District Magistrate shall  furnish to 

the State Government; 

(t) any other matter which is required to be, or may be prescribed under this Act. 

(3) Any rule made under this Act may provide that a contravention of the rule shall be punished with 
imprisonment for a term not exceeding six months, or with fine not exceeding one thousand rupees, or 
with both. 

37. Power to make regulations.—The Central Government may  make  regulations not inconsistent 

with this Act, to provide for all or any of the following matters, namely:— 

(a) enabling or requiring a qualified person to be transferred to any branch of the Armed Forces 

of the Union or to any other branch of national service; 

(b) examination of physical and mental fitness of qualified persons subject  to registration under 

this Act; 

(c) determination of the categories in which qualified persons whose physical and mental fitness 

has been examined shall be placed by reference to their physical or mental conditions or both; 

(d)  specification  of  the  principles  to  be  applied  and  the  circumstances  to  be  considered  while 

hearing an application for the grant or renewal of a postponement certificate; 

15 

(e) specification of the period for which a postponement certificate may be granted or renewed; 

(f) any other matter for which regulations are required to be, or may be, made under this Act. 

38. Rules and regulations to be laid before Parliament.—Every rule and every regulation made by 
the  Central  Government  under  this  Act  shall  be  laid,  as  soon  as  may  be  after  it  is  made,  before  each 
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in 
one session or in two or more successive sessions, and if, before the expiry of the session immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
to the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 
regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; 
so,  however,  that  any  such  modification  or  annulment  shall  be  without  prejudice  to  the  validity  of 
anything previously done under that rule or regulation. 

16 

